D.B. Special Appeal Writ No. 642/2004. Case: Ugam Singh and Anr. Vs State of Rajasthan and Ors.. Rajasthan High Court

Case NumberD.B. Special Appeal Writ No. 642/2004
CounselFor Appellant: Mr. C.S. Kotwani, Adv. and For Respondents: Mr. O.P. Boob, Adv.
JudgesAmitava Roy, C.J. and Vijay Bishnoi, J.
IssueRajasthan Tenancy Act, 1955 - Sections 183B, 230
Judgement DateMay 07, 2014
CourtRajasthan High Court

Judgment:

  1. The appellants-writ-petitioners being aggrieved by the judgment and order dated 22.9.2004 passed in S.B. Civil Writ Petition No. 4090/2004 negating their assailment of the order dated 27.8.2004 rendered by the learned Board of Revenue, Ajmer in revision no. 136/01 affirming the order dated 19.6.2001 of the District Collector, Nagaur in revenue appeal no. 11/2000, seek redress in the instant special appeal.

  2. We have heard Mr. C.S. Kotwani, learned counsel for the appellants-writ-petitioners and Mr. O.P. Boob, learned counsel for the respondents.

  3. The pleaded averments reveal that the respondents no. 4 to 9 did move an application before the Tehsildar, Makrana District Nagaur under section 183-B of the Rajasthan Tenancy Act, 1955 (for short, hereinafter referred to as "the Act") contending that they were the recorded khatedars of land measuring 37 bigha 9 biswa included in khasra no. 118 and 180 located at village Devri Tehsil Makrana. Apart from pleading that they were members of the scheduled caste community, they alleged that the appellants-writ-petitioners while they (respondents no. 4 to 9) had been temporarily out of the village had trespassed into and occupied 6 bigha of such land. The respondents no. 4 to 9 therefore sought restoration of the possession of the land involved. On receipt of notice issued by the Tehsildar, Makrana in this regard, the appellants-writ-petitioners submitted their reply asserting inter-alia that they were in possession of the entire 77 bigha of land borne in khasras no. 118 and 180 and that the name of the father of the respondents no. 4 to 9 had been wrongly mentioned in khatedari of 6 bigha therefor. They mentioned as well that meanwhile they had filed a suit for declaration and injunction as well as for correction of the entries in the revenue records before the Additional Collector, Nagaur and that the said proceeding was pending.

  4. The Tehsildar, Makrana eventually by his order dated 22.12.1999 rejected the application filed by the respondents no. 4 to 9 being barred by limitation, the same according to the said authority, having been filed after 12 years from the date on which the land involved had been in possession of the appellants-writ-petitioners. Being aggrieved, the respondents no. 4 to 9 preferred revenue appeal no. 11/2000 before the learned District Collector, Nagaur. This forum by its decision dated 19.6.2001 however reversed the verdict of the Tehsildar, Makrana on the...

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